The claimant had undergone an operation, after which he slept with the assistance of self administered morphine. Whilst asleep, he vomited, but did not awake to expel it, and he uffered massive brain damage.
Held: The judge had dealt properly with the evidence on rousability, and he had been correct to accept evidence of the correctness of the decision not to rouse the claimant from sleep to take routine measurements. The claimant’s appeal failed.
Judges:
Auld LJ, May LJ, Longmore LJ
Citations:
[2007] EWCA Civ 476
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Bolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
Cited – Bolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 26 November 2022; Ref: scu.252413